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GUIDE to H1B Visa Processing Times: Premium vs. Regular

H1B Visa processing by USCIS can vary greatly depending on the service center you filed with and the processing type you chose. If you apply for an H1B petition with USCIS for the first time or even for transfers, you may wonder about the processing times, delays, typical processing times, if there is an SLA and many other questions.

This article will review types of H1B Visa processing, difference between regular vs. premium processing, fee, average processing times, and many other details, including some common FAQs.

If you are new to the H1B Visa process, read the articles below to understand the general process, the meaning of USCIS’s H1B Statuses, and receipt numbers.

Types of H1B Visa Petition Processing

H1B Visa Processing time with USCIS varies based on the type of processing that the employer or sponsor chooses when they file the H1B petition. There are two types of processing :

  1. Regular processing
  2. Premium processing.

An employer can file in one of the above listed processing types when they file any of the following types of H1B petition with USCIS:

  • New H1B cap-subject petitions (filed after selection in H1B Lottery)
  • H1B transfer petitions
  • H1B amendments
  • H1B Extensions.

Now, let’s look at each of the H1B visa petition processing types in detail.

H1B Regular Processing Time

If an employer or an H1B sponsor submits an H1B petition with USCIS using the standard process, without including any extra fee for faster processing, then the petition is said to be filed under regular processing.
Regular processing is the default processing type, when an employer or sponsor sends the H1B petition to USCIS. If there is no time pressure, most of the employers use Regular processing.

H1B Regular Processing Documents, Fee

There are no additional documents or fee that an employer need to submit, when filing an H1B petition under regular processing. The employer would submit USCIS standard Form I-129 along with relevant H1B Filing Fee, and supporting documents as listed in H1B Filing Checklist by USCIS.

There is no additional fee to process an H1B petition in regular processing. Employer submits standard application fee as required. Also, there is also no need to file Form I-907 or additional premium processing fee, when submitting under regular processing.

How long does USCIS take for H1B Regular processing?

There is no fixed duration or Service Level Agreement(SLA) time defined by USCIS for H1B Regular processing. It depends on the filing location and the load at the USCIS processing center. Every case is unique, and there can be different processing times for different cases.

Based on USCIS historical processing times, from the last six years (FY 2018 to FY 2024), it can take anywhere from 1.8 months to 4.7 months for the H1B petition filed in Regular processing using form I-129.

For FY 2024 (until the end of January 2024), as you can see in the below screenshot, the regular processing time for H1B petitions is about 2.7 months. See the below screenshot from the USCIS website based on historical processing times for the last six years.

If the applicant gets an RFE (Request for Evidence), then, in that case, the processing time can vary based on the complexity of the RFE issued. It can take a few more months, up to 6 months or more. If there are no complexities with the case, you may get a decision much faster in 2 months or less. To check current processing times by service center, you can check the article  Check USCIS H1B Visa Processing times

H1B Processing times by USCIS - Regular vs Premium - Historical and Current Data - 2024
H1B Processing times by USCIS – Regular vs Premium – Historical and Current Data – 2024

H1B Premium Processing Time

If an employer or sponsor pays an extra premium processing fee to USCIS to have the H1B petition adjudicated (decision) within 15 calendar days, then that petition is said to be filed in H1B premium processing.

H1B Premium Processing Documents, Fee

To file an H1B petition in premium processing, the employer or sponsor need to submit a completed Form I-907 along with a premium processing fee of $2,805, when they file an H1B petition with USCIS. The premium processing fee is in addition to the general H1B filing fee.

An employer can file for premium processing at the time of filing or upgrade to premium processing after filing and getting the receipt notice. The premium processing fee increased to $2,805 from $2500 starting from February 26, 2024. If you are filing for premium processing for a H1B FY 2025 season petition, you must submit $2,805 for premium processing fee.

How long does USCIS take for H1B Premium processing?

USCIS takes 15 calendar days or less to adjudicate an H1B petition filed in premium processing. They have a 15-day Service Level Agreement(SLA) and guarantee that any H1B petition filed in premium processing will be adjudicated in 15 calendar days or less.

If they do not meet the 15 days timeline, they will refund the premium processing fee and continue to process the H1B petition in expedited processing. This only happens, when there is an extensive load and USCIS cannot meet its SLA. It does not happen often. Based on past data, they only refunded 0.073% of H1B petitions filed under premium processing in the past three years.

For Fiscal Year(FY) 2024 season ( until January 2024), the current premium processing time average is about 0.2 months, which is about a week or less. If you were to file in premium, you should get a decision in about ten days as per current processing times. You may check the USCIS screenshot above for the official historical data.

H1B Extension Processing Time

The processing time for an H1B Extension petition depends on how it was filed. If it was filed under regular processing or premium processing. If it was filed under Premium processing time, then you can expect to have a decision within 15 calendar days, if not it can take few months time.

The fee and SLA for H1B extensions are same as the general new H1B petition described above in the article. If the H1B extension is filed in Regular Processing, the processing time can vary based on where it was filed and the processing times at the service center.

In general, the H1B extension processing can be slightly faster than regular processing, if there are not many changes in the employment terms and role of the H1B employee. This is because USCIS can give some weightage or deference to the previous first H1B approval and use that for the extension.

H1B Transfer Processing Time

Similar to H1B extensions, the H1B Transfer petitions processing time varies based on the type of processing you choose, either regular or premium. If you file it under Premium Processing, you will get a decision within 15 calendar days, but if you file in regular processing, it can vary based on where it was filed and the case. It can vary anywhere from 2 to 5 months or more.

The H1B transfer petition is filed with a new employer and there is no previous approval history. So, it would be treated like a new petition, and it can take more time than the H1B extension petition processing time.

Should you apply for Premium H1B Visa Processing?

It totally depends on your situation. In recent years, many employers try to file H1B in premium processing because they would know the decision faster and can plan accordingly based on that to have the employee work from October 1st. Having said that, unless there is a need, you do not need to apply for premium processing. Think of it logically, you cannot work until October 1st…why waste money?

Also, in some recent years, premium processing was suspended for H1B cap-subject petitions to decrease the overall processing times of all petitions. But, unlike the new cap subject petition, for H1B Transfer scenarios, employers usually apply for premium processing because of two reasons, first, they can work right away and need not wait till October 1st, and secondly, they are changing between companies, you do not want to be stuck with old employer during this time. You can consider doing premium when you are at the beginning of August or early September.

Applied for H1B Petition in April, but still USCIS status says “Case Received,” What should I do?

Well, unfortunately, there is nothing you can do but wait for USCIS to process your application. As discussed in the above section, it can take anywhere from 2 to 5 months or more. All you can do is wait. Do NOT panic that you are not getting any response from USCIS. As long as your application was filed properly and the company is good, you should get approval.

Here are few things  you can do:

  • If you are really curious, you may apply for H1B visa premium processing anytime for general petitions by paying  $2,805 and upgrading your case. Your employer has to do the premium processing through the attorney. You cannot do it on your own.
  • You can ask your attorney to call USCIS and ask the status. In the past, one of our blog readers said, they had success and their application decision was done in a week after calling. Although, there is no guarantee. Worth a shot.
  • You can check the particular service center where your petition was filed and get approximate processing times to get an idea. You can do this on USCIS website it is under bottom where you check your case status.
  • Just wait. I understand the anxiety…but there is no shortcut.

H1B Visa FY 2025 Processing timelines – Regular vs. Premium?

USCIS has not announced any plans to suspend premium processing for the H1BFY 2025 season. So, it is assumed we will have premium processing for H1B FY 2025 season. If you were to file the H1B petition during FY 2025 in premium processing, you would get a decision within 15 days. As per the historical data until January 2024, it is 0.2 months, which is around a week time.

Regarding regular processing for FY 2025 cap-subject petitions, we do not have any data yet. Below are some data points for your reference.

  • USCIS Historical Trend Data: As per the average processing times given by USCIS in their historical processing times as of January 31st, 2024, the processing time is about 2.7 months ( see above screenshot).
  • Current Trend Data: As per the current processing times, it is anywhere from 2 to 5 months for the Texas Service center it is around 5 months. See below data from the USCIS processing times website, presented by VisaGrader H1B Processing times.

So, based on two data points, for FY 2025 H1B petitions filed with USCIS, you can expect decision on your case anywhere from 2 to 5 months.

Current USCIS processing time for H1B petitions - 2024
Current USCIS processing time for H1B petitions – 2024

Also, the better thing than the published USCIS processing times is looking at the H1B Tracker data contributed by the community. Check below for more info.

H1B Visa Tracker

You can check out the average H1B Visa processing times using VisaGrader’s H1B Visa Tracker. It is anonymous and all the data on our tracker page is contributed by users like you. Please add your H1B  case by registering and continue to update your status. It will help others get an idea.

Register, add your case anonymously at VisaGrader – H1B Visa Case Tracker

Current H1B Processing times, History

You can check USCIS.gov for Processing times or on a website like VisaGrader.com for the same. The big difference is, VisaGrader has historical data and gives you a holistic view of the processing times across all the Service Centers as in the below screenshots. Check Current H1B Visa Processing Times on VisaGrader.com

Current H1B Processing time in Texas - Vermont
Current H1B Processing time in Texas – Vermont
Current H1B Processing time in California - Nebraska
Current H1B Processing time in California – Nebraska

Common FAQs

Does USCIS have any turnaround time/ SLA for H1B regular processing ?

Unfortunately, there is no defined turnaround time/ SLA ( service level agreement) requirement for USCIS to respond to H1B petitions filed with them under regular processing. The 15 calendar days SLA only applies to petitions filed under premium processing.

Any higher approval chances in H1B Premium processing?

No, applying for H1B premium processing will not increase your chances for getting H1B petition approved.  It just expedites the processing time. So, do not be mislead by the fact that $2,805 will increase chances of approval. Read 5 H1B Visa Myths you need to know

How long does H1B transfer take? Any difference in processing time ?

In fact, there is no difference between a regular H1B petition and transfer except the transfers are not considered towards cap. So, the processing times are pretty much similar. It can take anywhere from 2 to 5 months based on historical processing times by USCIS in last five years. You can read How to check H1B visa processing times at USCIS Service centers

How much was your H1B Visa filing processing time ? Any thoughts to share on the processing time waiting ?

   

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3,582 Comments

  1. Saurabh

    My employer has filed H1 in regular mode and I received the reciept no and read the status in USCIS as Initial Review and “On October 28, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice”. I just want to understand the below 3 points:
    1) How long will this process go?
    2) When will this be moved to the next stage
    3) When will the visa be stamped at the consulate?

    Thanks in advance for you help!

    Thanks
    Rajesh

    Reply
    • 1. It can take 2-6 months or more (in case of RFE)
      2. Same as (1)
      3. Once it is approved, you can schedule an appointment for the stamping.

      Reply
  2. Hi,
    does the L1 to H1 /L2 to H1 visas transfer also come under the H1B cap. Is there still time to apply for a premium processing? can i apply the L2 to H1B for my wife now or i need to wait until April 2012? please let me know

    Thanks in advance,

    Reply
    • All of these are subject to cap unless the person held H-1 visa in past 6 years or if the employer is a cap-exempt organization (government agency, hospital, university etc).

      Reply
  3. Hi Saurab,

    Suppose if h1 is filed in PP and 10days is taken to generate the reciept number , in that case only 5 days will remain to process the application.Will it speed up the aproval chances.And also I have seen few cases where people got reciept number immediately got their approvals within a week to 10 days. Can the delay in the receipt number make the processing easy or tough?Any such dependency as per your observation.

    Thanks,
    Sree

    Reply
    • The window starts once the receipt number is generated. So 15 day period will start not from the date petition reaches USCIS, but the date receipt number is generated. Delay in receipt number will not impact the outcome of the processing.

      Reply
  4. Saurabh,

    Thank you for all your help! I actually just got my H-1B Visa Approved Today!! (Last day of my OPT) UFFF it was really close!! Just wanted to thank you for all your help!!

    For People still in the process:

    – I apply under regular Cap on August 8th (for first time ) coming from OPT.

    -Upgraded to Premium Processing on Nov 8th

    -USCIS Requested RFE (Statement Of Work) on Nov 18th

    -My Company submitted the SOW on Nov 23

    -Got Visa approved on Nov 28th (The last day of my OPT Status)

    Hope it helps someone to give yourself an idea.

    Reply
    • Hi Alfonso,
      AS you said here, you got your H1 visa approved on the last day of OPT. I think that on the same day, your attorney must have received an email confirmation. Did you able to continue your employment based on that email or you had to wait for hard copy of the approval? Also how many days it took for your attorney to get that hard copy from the day of H1 visa approval date (i.e. from approval email date).

      Thanks,
      RK

      Reply
      • Sorry this might be alittle too late but I ll answer it in case… My I-797 did not have the I94 attached I had to go to mex for stamping I lost about a week of salary but my employer was cool about it. My I797 was B —> I-797 B (not I94 included)

        Reply
  5. The H1B application was filed on Aug 3 as regular processing and still no progress from USCIS. Can any one tell us what was the last regular application processed at USCIS?

    Reply
  6. Hey , I appreciate all the guidance you have been imparting us. I am on F1 and I just came to know that the quota for H1 has been saturated for the year. I was planning to go for a H1 Premium application this December. My EAD is valid till July 2012, you think if I apply for H1 in April through my E-verified company I will get it by say October. What will be my status in between July-Oct?

    Reply
    • You will be in cap-gap status. This allows you to continue to be in US and work on OPT while your H-1 is pending or has been approved w/ start date of Oct 1, 2012. To be eligible for this, make sure your petition is filed w/ COS and that you have maintained legal status in US. In case your petition is not approved until Oct 1, 2012 or is denied, then you will have the usual 60 day grace period.

      Reply
    • Hey Saurabh,
      I am currently on OPT applying for my H1.Right now I work for a reputed firm for the last 1.5years.But in my initial OPT days I worked as a non-paid intern at a vendor and for almost 4months as a paid contractor. I have offer letters from my vendors ,along with few pay-stubs.But as I left my job in haste , i am not in very good terms with these vendors. Now as I apply for my H1 would it be wise to declare to USCIS about my employment at these vendors, if I do -would they ask for more documents apart from the offer letters? Also do I need to declare that I have worked as a non-paid intern for 3months?My OPT extension also finishes in the next 2 months, please advice. Thanks again for your time.

      Reply
      • Pallavi,
        From H-1 perspective, USCIS can ask for proof that you were not unemployed for more than 90 days when on OPT. As long as you have paychecks to show that, you should be good. Did you update your DSO every time you got a job?

        I don’t think it will be an issue as USCIS would reviewed the same while approving your OPT extension. So I don’t see any reason why they should approve OPT extension, but deny H-1.

        Reply
  7. Hey , I am on F1 and my girlfriend is visiting me on Tourist Visa(its her 3rd time in US on B1). She has been here for the last 2 months , planning to leave next month. I was wondering will it be advisable to marry her in US? What is the 30-60-90 rule. Can she extend her stay after marriage? What will be her status after marriage? I will be applying for H1 in April next year. Please enlighten me .

    Reply
    • If she marries you now, her status would be F-2. If she marries you after your status has changed to H-1, then she would be on H-4.

      If you want to marry now and move her to F-2, then it should be fine. Both B-1 and F-2 are non-dual-intent visas and she has spent enough days in US already on B-1.

      Reply
  8. Saurabh,

    As of today I have not receive approval via PP. USCIS receive my RFE on Tuesday of last week but my visa expires today tomorrow will not be able to work, I know I have a 60 days grace period, do I just stop working and not get paid for those days? or do I have to officially quit my employer? I am jopping to get it approved this week or next.

    Thank you

    Reply
    • If USCIS received your response on 11/22 then they may provide the final result in another 15 calendar days from that date.

      I don’t think you need to resign but can just stop working (along w/ payroll) and resume working once your H-1 is approved. However, check w/ an attorney on this as well.

      Reply
      • THANK YOU Very much That is what my employer just told me that as of tomorrow they will stop payroll for me upon approval of my H1b… I have another question once they approve it which should be in no more that 11 days as of today… what do I need to do next?

        do I need to make an appointment with my consulate at Mexico and then go get it stamped there or do they give you an appointment? and I f I make the appointment can I start making it already even it hasnt been approved to gain some time?

        What would it happend during the interview or what do I need to take with me ?

        What kind of questions should I expect ?

        Thank you!

        Reply
        • If your H-1 gets approved w/ COS, then your status would be H-1 from the approval date and you can immediately start working on H-1. If it is approved w/o COS, then you will have to get it stamped from your home country and return to US on that visa stamp to work on H-1.

          Reply
          • Saurabh

            I am sorry am not sure, how do I know if it was done with or without COS , that is Change of status right?

          • My previous status was F1 and as of today I have H1 so I gues my question will be is that COS? I am legal to work as of today until I stamp my visa?

          • Check your 797. If it arrived/ I-94 attached at the bottom, then COS has been approved. This means you can immediately start working on H-1 (from the mentioned date). If not, then you have to get H-1 visa stamped from your home country before starting to work on H-1.

          • Ok.. Thanks!! Got it it will have the I94 attached. I just talked to a friend who was in the same position as I am and told me it came with the I94 attached so I should be ok. I think I now just have to pay for the appointment and call to the US Consulate in Mexico to make the appointment. I know it takes about a week to get it stamped and mail. So Ill use some vacation time.

            Thanks again for all your help Saurabh. Just out of curiosity are you an Immigration Attorney?

          • Just to be clear, you don’t need to go to MX immediately for visa stamping. You can take it future as well.

            I am not an immigration lawyer. Just another H-1 employee like you 🙂

  9. Hi Saurab.
    My Employer have applied for H1B in PP ,I just wanted to know from which date does 15 days calender period starts, My package was sent on Nov 16 and i got the Receipt number on Nov 23 when i checked the status online it showed “On November 21, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we e-mailed you a notice …… so i just wanteed to know if the 15 days period starts from Nov 21 or Nov 23 , so when can i expect my results by DEC 5 or Dec 7 ,Please reply …….Also does 15 day include weekends also ?

    Reply
      • Thanks saurab ,

        Just to make sure …so it starts from the date that shows online (Nov21) and not from the day that i got the receipt number (nov23) , that means i should expect the results by Dec 5 th right ?

        Reply
        • Correct. It starts from Nov 21 🙂

          I am in the exact same boat with I-129 saying Nov 22. Recently my friend got his approved status in 10 working days. Good Luck

          Reply
          • It is really nice that your friend got his H1 within 10 days. Do you know that after filing PP and before approval, whether his status on USCIS web site changed from acceptance to initial review to decision or always stayed as acceptance.

          • no worries. My attorney just said by Friday I should have the approval. Putting papers today 🙂 . If you see the approval anytime this week. Please keep us posted. Thanks.

          • Ok .. that sounds really pleasing to my ears , how come your attorney is saying that u will come to know by friday ? and what is “putting papers today ” means i didnt get you ….oh yes definetely i will keep you posted if i get my approval ….and what was your friends I-129 date ….

  10. Hi Saurabh,

    My H1B petition is filed on 1th Nov 2011 under Regular Processing and is in Initial Review status. On the USCIS site it states that it will take 2-6 months for the petition to be approved.

    Is this really what they take to process the petition under regular processing? Or it can be done earlier?

    If anyone have their H1B visa approved under regular processing please respond with the time it to took to get it approved.

    I want to travel by end of Dec hence wanted to know the real processing time under regular so that i can ask my employer to upgrade my case to Premium.

    Also, what are the steps after the petition is approved? How much time it will take to have VISA stamped after approval?

    Thanks,
    Rajesh

    Reply
    • Usually it takes that much time. There are few recent posts on this site where a person’s petition was filed in Aug, and there is still no movement. If you have travel dates fixed, then it’s better to upgrade to premium processing. Once petition is approved, you can go for visa stamping. If everything goes fine then you will get the passport w/ stamp within a week. In case they issue 221g, then that would mean a lengthy process (may take several months).

      Reply
  11. Hi ,

    My employer has filed the H1B regular processing on November 3rd . I have received the receipt number as well but when I am trying to check the status of my petition it says the receipt number is wrong . I was informed from my employer that USCIS has not updated my receipt number in the site . Could you please confirm howmany days it will take USCIS to update the status in the site .

    Reply
    • Your employer should call USCIS and follow-up. People who filed later than this date, can see their statuses. So either you have wrong receipt number, or there is a technical glitch on USCIS side.

      Reply
  12. Hi My employer says My h1b Document were submitted to USICS on 22/11/2011 and receipt no not yet generated.Just need to know whether H1B process will come to his year 2012 quoto?

    Reply
    • I’m in the same boat, too!! but just waiting for this long weekend to be over and see if my employer has received any receipt no.? my application was sent 11/22 and was received 10:30 A.M, 11/23 by USCIS, California Service Center.

      I’ve read in below link that:
      http://www.workpermit.com/us/us_h1b_faq.htm

      “Q. What happens when the annual quota is reached?

      USCIS announces a cutoff date once the annual quota is reached. Petitions filed before the cutoff date, but after the quota has been used up, will be held for processing the following October. Petitions submitted after the cutoff date will be returned to the petitioner without consideration.”

      Is my scenario similar to this situation? will it be considered automatically for next year or do I need to re-apply?

      Reply
  13. Hi Saurabh,

    My company upgraded my H1b application to premium on 16 nov 2011 and on 22 nov 2011 shows my status as RFE.

    1: Even in Premim processing my company is telling it will take around 2 wks to know the queries raised in RFE.So they send postal mail or email.
    2. Is there any way I can directly enquire with USCIS,

    please reply as i need to urgently travel as soon as possible.

    Reply
    • 1. They should know the information in email. Physical copy takes 1-2 weeks.
      2. No, you cannot. Only employer or attorney can call USCIS and get the updates.

      Reply
  14. Hi

    My employer filed the H1B petition on November 3rd 2011 and I got the receipt number . When I am checking the status of my petition in USCIS site it says the receipt number is wrong . I was informed that USCIS has not updated my case status online . Could anyone please advise howlong it will take to get the status updated in USCIS site . I am concerned because the petition was filed on November 3rd 2011

    Reply
    • You should be able to see the status online now. Confirm w/ the employer if you have the right receipt number. If it still doesn’t work, then your employer should call USCIS and follow-up.

      Reply
  15. Hi
    My company attorney filed case with USCIS on 22/11/2011 under Regular Mode.
    When i try to ask my employer regarding the Receipt No,they are saying receipt no will not be shared with employee.

    In this situation how do i know my status

    Reply
  16. Dear Saurabh,

    My H1B was denied due to:

    1) No signed contract exists with the company X. My employer says he can manage this with a signed contract with company Y to establish that they are the VMS that company X uses.

    2) I am a Science graduate (B.Sc. – three years course) and the position required a bachelor’s degree, a speciality occupation. My attorney says he can include some USCIS cases which previously had not been an issue on this point.

    Both employer and attorney are confident that if we submit this documentation the case would be reversed.

    I request your advice on should we proceed on the above lines and raise an MTR/appeal; or there any other options available which you can I suggest.

    Would appreciate your earliest reply.

    Thanks.

    J.

    Reply
    • It is tough to say. A lot depends upon the USCIS officer as well. If you are outside US, then appeal/MTR looks like the only option. Or you can file H-1 through another employer (but the education requirement may still impact the other filing).

      Good luck!

      Reply
  17. Hi Saurabh,
    The company sponsoring my visa had applied for the I-129 form, filed under the Premium Processing Service. I have been issued with a receipt number and when I last checked the status of the receipt, it shows that the petition is on the “Acceptance” stage. The USCIS received the I-129 petition on 11/22 and it is mentioned that the case would be processed at the Vermont Service Center. The USCIS site also shows that the cap on the H1 visas for the FY 2012, has been reached.
    So would my visa application still fall under the FY 2012 cap?

    Reply
  18. Saurabh,

    My case is as follows.

    Employer files for H1B visa through lawyer on 31st Oct.. The application was upgraded to premium processing on 11 Nov. On 21st Nov the online status was updated to RFE. I’m currently working on an OPT that expires on Dec 1st. My question is as follows:

    1. Is it possible to apply for a Cap Gap extension before my OPT expires in Dec?
    2. Is it possible to work after my OPT expires while the H1B visa is pending approval?
    3. Provided the company lawyer responds to the RFE on 28th Nov, when can I expect to get a response from USCIS.

    Regards,

    Reply
    • 1. There is no cap-gap as your petition was filed after 1st Oct.
      2. I think you cannot work in US once OPT expires (as this is not cap-gap), but you can continue to stay on the basis of pending H-1.
      3. 15 days

      Reply
  19. Hi Saurabh,

    Right now the USCIS site has below details regarding the H1B petition.–

    On November 22, 2011, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2012. USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption as of October 19, 2011. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that are received after November 22, 2011.
    USCIS continues to accept cap-exempt petitions, DOD petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2012.

    1) My company has filed my visa on 17th Nov, but I have not yet received receipt. When I should expect receiving of receipt.
    2) My friend visa filing was in queue, so is there any chance that USCIS will again open the cap for filing petitions in case few petitions are rejected.

    Reply
    • 1. The employer/attorney should receive it within 1-2 weeks through regular post.
      2. Don’t rely on them. No one can ever time when USCIS will accept those numbers. Also, I think they are already factored in, and USCIS accepts a little more petitions to make up for possible rejections.

      Reply
  20. Saurabh :

    Touching base on my case I upgraded to premium processing, on nov 8 they requested RFE and it was to my understanding that after RFE they again have 15 days to resolve. but today my status change to :

    On November 23, 2011, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

    and it says 60 days !!! why does this say that if I have already paid for Premium Processing I dont want to stay without work for 2 months.

    Reply
    • That’s strange. If it was filed w/ PP, then it should not mention 60 days. It might be a technical glitch. You can wait for 15 calendar days to see if they approve/deny the petition within that time period. If not, your employer/attorney can call USCIS and follow-up.

      Reply
      • Hi Saurabh,

        Its the same situation for me. I see that the status is RFE responce review since 22 Nov 2011, and below it mentions “You should expect to receive a written decision or written update within 60 days of the date ”

        Mine is also PP, but I think this is a standard msg for PP and normal processing, though the lead time is 15 calender days only for PP FRE responce review.

        Saurabh have you ever come across the case where is says 15 days time in the status for PP RFE response review.

        Reply
        • It looks its a standard message for PP and normal processing. I have seen the same message after submitting RFE response for my visa extension (3 weeks back, and was in PP). But got the response in a week.

          Reply
  21. I have strange situation. My OPT will expire on 15 dec 2011. My company has applied for my H1 visa on premium processing 22 Nov. What happen if my H1 visa will not come by 15 December. I don’t think that I will be eligible for cap gap between
    ” Expiration of OPT ( Dec 15) and start of H1 visa.”

    Reply
  22. hi my H1b was filed under regular and i got my petition filed on 16th oct 2011 and got rcpt no as well but now my company upgrade the processing to preimum.Please can you let me know whne can i expect my petition to be approved since i think rcpt/eac no will remain same.Premium processing they informed to US visa cell but i din got any mail for it from us visa cell they will chng it in 1 week then how much time it take for approval?

    Reply
    • USCIS should update the online status (same receipt number) within 2-3 days of receiving the upgrade request. To adjudicate the petition, they will need up to 15 calendar days from the date upgrade request was received by USCIS.

      Reply
  23. Saurabh, thanks for replying.
    I have another question regarding the upgrade from regular to premium application. I got receipt # for my regular H1 application. Now I upgraded it to premium. Do you know whether receipt # will be different for regular and upgraded premium H1 application?

    Reply
  24. Hi,
    I did my PhD from USA. My lawyer applied for my H1 visa on 21 october. The cap for master quota was filled on November 2, 2011. Today ( Nov 22, 2011) my lawyer upgraded it toi premium processing. do anyone know whether my application will stay in AED cap or will move to regular cap.

    Reply
    • Your petition will still be considered to have been received in advanced degree cap. From processing perspective, there is no difference b/w regular vs advanced. The only difference is when it comes to filing. After that processing is same for both.

      Reply
  25. My husband’s employer has filed for a PP H1B in Nov 2011. The peition was submitted on the 14th of Nov 2011. There is still not a word from the USCIS. I know this is too early for anything, but i was expecting atleast the RECIEPT No. When will we receive it???

    Reply
    • Hi Ramya,

      In premium processing case you husband would have recieve receipt no within 2 to 3 days.
      some time they might take more time even i have appplied today i.e 22nd nov. i have to see still 3200 left.
      anyhow all the best for u r hubby r u from hyd?

      Reply
  26. Hi,

    My H1B (and I94) expired on 30th of Sept ’11. My company had filed for extension on 23rd of August at Vermont Service Center. The website says that, as of Nov 14th, VSC had processed the H1B extn petitions filed on 9th of July.

    We haven’t received any response since the case had been filed and the status at USCIS website is ‘Initial Review’. In view of this, I have plans to go to India for a month during Jan ’12.
    In case I don’t get any response before Jan ’12,
    1. Should I take a transit visa to travel, as I have an expired visa(& I-94)?
    2. Would my extension be processed when I’m in India?
    a. When in India, Should I wait for the response before proceeding to stamping?
    b. According to the acknowledgement I received, I’m the benificiary and my company is the petitioner. While I’m at India, should I opt to change my address at USCIS?
    c. While I’m at India, if I get an RFE.. would that be treated as a normal RFE, or are there any different ways to process such RFEs?

    Thanks in advance.

    Reply
    • 1. Transit visa of which country?
      2. Yes, your extension would continue to be processed even after you have left US
      a. Yes
      b. No, USCIS is only bothered about petitioner’s address as they will send the communication to them
      c. Normal RFE and the employer will have to respond to it

      You also have the option to upgrade the petition to premium processing, in which case they would adjudicate the petition within 15 calendar days (this may come in handy if the wait becomes endless).

      Reply
  27. Hi,
    My employer applied my H1B on nov 2nd through PP and even got the receipt saying application received on nov 2nd. Its been around 20 days but still my case is showing as Intial review on the site. I mailed to the employer but they are not responding.
    Worried about my status. can you please tell me if H1 is filed through PP , is it that for sure we will get response within 15 days? If so within how many days will my attorney will come to know about status update once it is sent by usics ?

    Thanks,
    gayatri

    Reply
    • Are you sure your petition was filed w/ PP? What is the exact wording you are seeing online on USCIS website. Are you using the word “email” in the status or the word “mail”?

      Reply
      • HI saurabh,

        thank you so much for quick reply.

        I see on usics site that my petition has been received on “nov 2nd ,we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case”. and status is showing “intial review”.
        My employer told me that he is going to file on PP . Will their any code on receipt to know if it applied on PP or not?
        I was mentioning “email”. I emailed my employer if they received any response but they are not replying me. so worried if even my employer got the response or not. so just want to know how long will update from usics will take to reach the attorney? so that i can expect from them.

        Reply
        • Usually when it is filed w/ PP, the status would say ““nov 2nd ,we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and emailed you…”

          They would use the word email instead of mail as they provide faster service for PP. As your status is using the word mail and not email, I think it hasn’t been filed w/ PP.

          Reply
  28. Hi, I am expecting to travel to USA by next week Friday using my L1B visa which is valid till Feb 1,2012, However I have applied for H1B visa couple of months ago and same has been filed on Oct 18,2011. Currently my H1B status is in initial review. Will there be any issues on approving H1B in case of travel with my valid L1B visa ?

    Reply
  29. Saurabh

    Following up with my case I upgraded on Nov 8 to PP online on Friday Nov 18 they requested an RFE (SOW Statement Of Work) So my employer today Nov 21 sent them a letter with the position duties and my experiencence and how it relates the position to my qualifications and also my certidication as Engineer in Training. But I am worried because my visa expires on Nov 28 :S :S Do you think they will answer me before this date? and if not I can just remain in the US without working and once they approve my visa I can go back to work? I have already talked to my employer and they told me it was ok they would just not pay me for those days or could I use my vacation time. Thank you.!!

    Reply
    • I forgot what your current visa status is. Are you on OPT right now, which is expiring on Nov 28? If yes, then one can stay in US for up to 60 days even after OPT expires, and you can avail that. Also, if your H-1 was filed w/ COS, then you can stay up to 240 days in US waiting for approval to come through. If the H-1 petition gets denied, then you will have to leave US within those 60 days or ASAP if those 60 days have elapsed.

      Reply
      • Yes my current status is OPT, I had another question now that they have requested an RFE I know the 15 days start again, in your experience how long do you think it would take them if it was just an SOW what they requested does it usually take them long after an RFE to approved or denied it. I know it might be a hard question to anser but just wondering since your experience in the field.

        Reply
        • I have seen petitions that were adjudicated within a week after RFE response was submitted, and others that took used up the entire 15 calendar days. However, I don’t remember what the RFE reasons were for those petitions.

          Reply
  30. Hi Sourabh ,

    On continuation on RFE

    My employer is getting the SOW now but till DEC 2011 .
    Can you please confirm how many month visa will approve in this scenerio .

    My employer has email where it shows that this is till 2014 . Will it work as SOW ?

    Reply
    • Dec 2011 is just next month. This may not help your case at all, as USCIS needs something that is valid for a longer duration. Things may get complicated if documents w/ conflicting dates are submitted. Has the employer hired an attorney for the filing?

      Reply
  31. I got RFE because of lot many documents .
    I have arranged all the documents besides then SOW .
    As my client is not providing the SOW and providing only client letter .
    Is this sufficient or we have to provide the SOW .
    Is there any workaround ?

    Reply
  32. Hi Sourabh ,

    Need your help !!!
    I got RFE as we did not provided the SOW .
    Now company is saying that they cant provide the SOW as they do not want to show the release data outside .
    Can you please suggest what to do in this case ?

    Reply
    • Your employer/attorney can frame the response accordingly and let USCIS know that client is not willing to provide the SOW. If the client is ready, provide the contact information in the response and ask USCIS to contact them to verify that information is not bogus.

      Reply
    • USCIS generates the receipt number within a day or two, and will send it to the employer/attorney. They should receive it within a week or two.

      Reply
      • Thanks Saurab. My attorney got my receipt number this morning. Starting Thursday is long weekend and I am not sure when I should resign given there is no specific date for Approval status (mine is a transfer from L1 to H1B ). Any suggestion is appreciated.

        Reply
        • Is there an I-94 attached to the bottom of the approval notice? If yes, then there would be a date mentioned in that I_94 and your status will be H-1 from that date.

          Reply
          • Sorry, I did not mention my current receipt status is – Accepted. I meant since there is no specific date for the Decision(Status -Approved), I am not sure when to resign. Any suggestion?

          • Ideally – I would n’t want to resign until my online status shows as Approved. Is that reasonable or Is there any other feeler by which I can resign earlier?

          • As your petition is filed w/ PP, they would adjudicate it within those 15 days. Whether it happens on 10th day or 15th day, it’s tough to time that.

            You are correct in not resigning until status gets approved. How much notice do you need to serve?

          • Thanks Saurabh for your responses.

            Ideally notice period is around a month. But since this is not feasible, I was thinking of giving 10-15 days notice. Even this seems to be a big ask now 🙂

  33. Hi, I was in US till 2008 June. Now I am in India. My H1 expired in 2010 Feb. Is there anyway to extend my H1? I heard that there is a procedure called “H1B Cap Exempt”. Can you please advice. thanks

    Reply
  34. Hi Saurabh,

    Thank you for all your responses they have been very helpful.

    I filed for my H1B on August 8th so I made the quota. I now want to upgrade to Premium Processing as I need to get back to the US asap.

    Could filing for PP make me lose my place in line and fall outside the remaining quota? Or do I stay within the quota even if do PP.

    Also is there any advantage/disadvantage to use E-Filing for PP rather than mailing check and form?

    Thanks so much!

    Reply
    • Upgrading to premium processing wouldn’t push you out of this fiscal year’s quota. You will still be considered to have made through FY-12 quota.

      Was your original petition filed by the employer or their attorney? Only they can file for the upgrade. The only advantage/disadvantage of e-filing vs regular post is that one can be quicker than the other. You will have to circle back w/ employer/attorney on how they want to file for PP.

      Reply
      • Ok that’s good. Yes the original petition was filed by my employer’s attorney and she would also be applying for the upgrade.

        One more thing is there typically only one request for evidence or can that happen repeatedly? I’m trying to estimate the potential time until I get an answer and I read that if evidence is required then it goes back to Day 1 of 15 when it is submitted. I’m wondering if they requested evidence say 3 times the 15 days could turn into closer to 60 days. Thanks again

        Reply
        • Generally they issue only 1 RFE and ask for all information/documents in that RFE. I have come across only few cases where a 2nd RFE was issued.

          Reply
          • Hey Saurabh,

            Me again. When i applied for visa using I-129 the attorney applied on my employer’s behalf and we sent forms and checks in the mail.

            We are now doing Premium Processing and want to get started immediately – can we e-file I-907 and use credit card to pay? Or does it have to be by mail since that’s how we processed original I-129? And can my employer e-file or does it need to be the attorney?

            Thanks

          • As per USCIS website “Customers may e-File the standalone Form I-907, Request for Premium Processing, for a previously filed I-129.”

            So the employer/attorney should be able to e-file the petition. I don’t think they accept CC as payment method. If an attorney did the initial filing and too control of the filing, then this form should also be filed by them.

            Good luck!

  35. HI all
    I am working in XYZ; and I got L1B after that I have process the H1B with same company. Now it is in Initial review stage and Now I need to travel to USA and when am about the travel my manager told that I should not travel due to I have applied by H1B. So Now i am canceling H1B Visa as per my manager instructions. Kindly advice why should not travel with L1B when I am processing H1B?

    Reply
  36. Dear Saurabh,

    Iam currently on H4,i found an employer who said that he would do the h1 for me, i got a offer recently from a company and this client wants to start the paperwork and he sked me for ssn, i told him some reason as i didnot have the ssn.my employer started my h1 process and the lca process started 3 days ago,can i get into the h1 quota this year,how long will it take for me to get the ssn and h1 premium processing,iam worried that i may loose this offer if it takes too long.please suggest.

    Thanks

    Reply
  37. Hello,
    My employer had filled for my H1 B visa on Nov 1st 2011, My OPT will expire on 16 Jan 2012. If my application is not processed by Jan 16th 2012 then will I be able to work as my H1 B application is still in process or should I apply for premium processing ?

    Reply
    • Your filing is not eligible for cap-gap. So you will not be able to work once your OPT expires. It is better to upgrade to premium processing, so that it can get processed by 16 Jan, 2012.

      Reply
  38. Regarding H4 Visa-How much time does it take for a principal H applicant(someone who has just received H1B via premium processing) to receive Form I-797, Notice of Approval from the USCIS?

    Reply
    • The employer/attorney will receive the 797 within a week or two (sent through normal post). They can then fwd that document to you.

      Reply
    • Do not staple different docs together, but if a particular doc runs into multiple pages (like I-129, LCA) you can staple that doc. Try not to use too much of staples and make sure it is still easy to flip over the pages w/ no information hidden.

      Reply
  39. Hi Saurabh,
    I m working for XXX company and the company has filed my H1B (Regular) petition on 17thNov.Since the cap has only 8700 petitions left , so is there any problem if I go with regular process or should I as my employer to upgrade it to Premium.

    Reply
    • Regular vs Premium doesn’t improve one’s chance of making through the quota (it only expedites the approval process). As your petition has already filed the petition, you have made through the quota (if USCIS issues the receipt number, then that’s a pretty solid proof of making through the quota).

      Reply
      • Thanks for your quick response.

        One more query I had — Do you have any rough idea of the count of H1b visas which have been rejected or approved for this year.

        Reply
        • The current published count includes petitions that are either pending or have been approved. This is the number that matters. USCIS doesn’t publish how many petitions were rejected.

          Reply
  40. Hi Saurabh,
    I have applied H1 extension on sep 6th in normal processing and the status is Initial Review. I am shifting to new company in March. Now, the new company will apply new petition for me and after I get approval can I start working with new company write away or they still have to apply for transfer? or should I have to get my approval first then ask new company to transfer? which is better and easier or what’s the actual process to follow.

    Thanks,
    Ananth.Ch

    Reply
    • From your post it seems you are already in US working on H-1. My response is based on the assumption that this is true.

      The new employer can file a cap-exempt petition for you and you can start working for them on the basis of receipt notice. The downside is that in case this petition gets denied, then you will either have to go back and work for the old employer or immediately have another petition filed by a 3rd employer (and start working for that employer). If you are confident that the H-1 transfer would go through, then you can join the new employer on the basis of receipt, else its better to wait for the actual approval before joining the new employer.

      Reply
      • Saurabh,
        Thanks for your quick response. Yes, I am in U.S and will start working with new company only after approval based on your inputs. Once again thanks for your help.

        Reply
  41. Hi Saurabh,
    I have one question.
    As of now we are left out with 8700 H1B visa petitions only, my employer has applied my LCA and it is yet to come. At this moment is it good to go with premium processing or normal processing?? Is there more probability to file a petition if we opt for premium processing or its the same probability for the both modes??
    Does the concept of premium processing comes into picture after the petition is filed or before it?

    Reply
    • Normal vs premium processing will not improve your chances of making through the quota. What it would impact is how soon your petition gets approved. It is also possible to file the petition w/ regular processing and later upgrade to premium processing if the wait become unbearable.

      Does that answer your question?

      Reply
      • Hi Saurabh,
        Actually my question is: my LCA may get approved in a couple of days. At this moment is it good for me to go with premium or normal processing to get into this year’s quota? I’m not concerned of the processing time, just want to file the petition in this year’s quota.

        Reply
  42. Hi Saurabh,
    Thnaks a lot. You are realy doing a great job. keep it up.

    I was working in a MNC company ‘ XXX’ company, but in India based organisation since 2008. I have left the job in this october. At the moment I am unemployed. Now in this November, the same company “XXX” but US based organisation has filed I-129 in PP and just now it has got approved.
    So because of this, will there be any problem in visa interview?
    How should I answer the question related to this unemployement period of abt 2 months?
    In my immediate family,except me all are in US. Because of that will there be any problem (to take VO in confidence for my return to India?

    Reply
    • 2 month unemployment shouldn’t impact your H-1 processing. If asked you can mention that you were let go because company was sizing down or because of economic conditions. H-1 is a dual intent visa. So one doesn’t need to show strong ties to home country (it’s more applicable on B-1/2 and F-1/2 which are not dual intent visas).

      Reply
      • Thank you so much.
        I will be very thankful, If you can clarify below point.
        The mother company for my last organisation (in india) and the next organisation (in US) is the same. My job role is also same at both places.
        Will it be concern for VO that, why I have left the organisation in India and now want to join the same company in US and that is in too short time of 2months? And how should I answer It?

        Reply
        • It shouldn’t be a concern. You may be asked how you got this job and what your job duties would be. VO would also look at your resume and education to see if you have the necessary skill set. In addition he can ask for documents related to the employer.

          Reply
  43. Hi, my query is that I am currently on F1 planning to travel to my home country to get married. I was wondering if I could file for H1 premium?Can I travel if there is any query in my H1 petition and if I don’t get my H1 on time, and its still under process?Then can I return on my F1?
    Also how to I get my wife to fly to US along with me? Can she come on Tourist Visa , incase my H1 is not through?Can we later , once my H1 comes , return to my country and then stamp her dependent Visa?
    Please Guide…

    Reply
    • Are you currently working on OPT or still enrolled in school on H-1?

      If you leave while your H-1 is still processing, then your COS will be abandoned. You will either have to get H-1 visa stamped in your home country (assuming it gets approved by that time) or return on F-1 visa stamp (provided you are still on OPT and enrolled in school). Your wife can join you on F-2 or H-4 depending upon what status you are planning to return on.

      It would be a good idea to file the H-1 petition w/ premium processing, so that you and your wife can go for H-1/4 stampings.

      Reply
      • Thank you so much for the prompt response. I am sorry I forgot to mention I am on OPT till July 2012 and currently working for an E-verified company. Regarding my H1 again I was wondering if I go for H1 Premium do you it is possible to get it by mid Dec 2011?
        Also incase I don’t go for H1 now and get my wife on B1/B2 and marry her again in US after 60days of her arrival, is it a violation? I would like to mention here that my to-be wife has traveled twice on B1/B2 Visa to US to meet her friends.
        OR
        Can I get her to US on B1/B2 and then return to my home town to again legally marry her , once I get my H1 done. Is that a violation ?
        Please guide again. Would really appreciate it. Thanks

        Reply
        • She can enter US on B-1/2 if she has valid reasons for travel. She may be questioned why she is entering US, who is sponsoring her trip etc (at Port of Entry).

          When is your marriage date? Also, it is possible to get H-1 approval by mid-Dec if it is applied w/ premium processing. This would allow you to go for H-1 stamping when you go to your home country.

          Reply
  44. Hi ,

    I have a query regarding my H1B Visa ,
    I worked for a IT firm “A “as fulltime and
    part time in an Non IT “B” firm at the initial days .( At same period of time)
    Then moved to company “C” where i have travelled to US in L1 and B1 .
    (While applying for L1 & B1 they have mentioned the company A alone as my work experience along with current employer “C”)
    Now i am with company “D” where my H1 is processed .
    (While joining this company D , they doesnt accept my experience with Company A as its been closed and i dnt have proper Refernce details)
    And they have started filing my H1 with Details of Company B (part time), C and D .
    Will there be a problem while filing the H1 ?

    Your help is much appreciated !

    Thanks in advance !

    Michael

    Reply
    • If you have documentation to show that you really worked for B, then I see no harm in including that experience in your H-1 filing.

      Reply
      • Thanks a lot Saurabh ….
        And my doubt is , wont they make issue since Experience A was not presented now during this H1 Filing?

        Thanks once again !

        Reply
        • This like this – a person can have experience that is both relevant to current position and experience that is not relevant. So one can not add experience if s/he finds it not relevant. As long as that experience is not criminal it doesn’t harm to not show it (adding fake experience is a show stopper).

          However remember that if you are not including this experience now, then you should not include anytime in future as well (anything related to US immigration).

          Reply
  45. I have been offered a job by another employer who will give me offer letter tomorrow (17-Nov) followed by applying for fresh H1 Visa. What are my chances to make it for this years quota?

    Please let me know.

    Reply
    • Unfortunately there might not be enough time for you to make through this year’s quota. The employer needs to file and publish LCA (10 days) and then file the petition. As they haven’t started the process yet, it might be too late for this year.

      Reply
  46. Hi Sourabh,

    I am on H4 now and have been offered a residency position in a program who does J1. My husband in on H1 and has filed for GC in EB3 category. I have a couple questions :
    -What is the best to way to process my J1 ? Through USCIS or through my home country, India? I am currently living in US.
    -I am anyways planning a trip to India in the next 7 months. Will my husband’s status be of any concern while they approve my J1 ?
    -Once I file through USCIS, what are the problems faced with me traveling to India during the wait period ? I am currently on H4.

    Greatly appreciate your response.

    Reply
    • 1. If you are currently in US, then it can be done here by filing for COS (change of status). Once COS is approved, your status would be J-1. No stamping is required as long as you are within US.
      2. Yes, it can complicate the things. Your husband is on H-1 (which is dual intent) and has filed for GC (which is residency, but J-1 carries a 2 year home country residency clause).
      3. If you leave US while your J-1 is pending, then your COS would be abandoned. You will have to re-file for COS once you return to US and J-1 gets approved, or get J-1 visa stamped from India (J-1 needs to have been approved by then)

      It would be nice to talk to a lawyer on how to tackle questions related to husband’s H-1 and GC filing.

      Reply
      • Thank you so much Sourabh! So it seems better to have it approved here first and then make the travel.
        -Any idea what is the risk of it being rejected due to my husband’s status ?
        -Also, will I have that risk every time I travel to India when I am on J1 ?
        -Could my husband file for my EAD later while I am on a waiver program ?? (I know he cannot put me while I am on J1 )

        Reply
        • 1. I don’t have much idea about it
          2. Not everytime, but probably whenever you will go for J-1 stamping
          3. That should be possible on waiver program, but I am not 100% sure.

          Reply
          • Thank you very much Sourabh. It is really nice of you to reply to our questions. Mostly I will be consulting an attorney. Thank you once again !!

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